{"id":"nhulunbuy-animal-control-bylaws-1998","name":"NHULUNBUY (ANIMAL CONTROL) BY-LAWS 1998","slug":"nhulunbuy-animal-control-by-laws-1998","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177047,"registerId":"nt-nhulunbuy-animal-control-bylaws-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"NHULUNBUY (ANIMAL CONTROL) BY-LAWS 1998","content":"NORTHERN TERRITORY OF AUSTRALIA\nNHULUNBUY (ANIMAL CONTROL) BY-LAWS 1998\nAs in force at 2 February 2023\nTable of provisions\nPart 1 Preliminary matters\nDivision 1 General matters\n1 Citation ............................................................................................ 1\n2 Application and purpose .................................................................. 1\n3 Crown to be bound .......................................................................... 1\n4 Interpretation ................................................................................... 2\n4AA Meaning of owner ............................................................................ 5\n4A Application of Criminal Code ........................................................... 6\n5 Determinations, including determinations of charges ...................... 6\n6 Registrar .......................................................................................... 7\n7 Registers ......................................................................................... 7\n8 Matters of evidence ......................................................................... 7\nDivision 2 Livestock\n9 Livestock.......................................................................................... 8\n10 Cancellation or variation of permit by request.................................. 9\n11 Cancellation or variation of permit other than by request ................ 9\n12 Offence related to livestock ........................................................... 10\nDivision 3 Regulatory matters\n13 Compliance with notices ................................................................ 10\n14 Obstruction of officers .................................................................... 10\n15 Misleading information ................................................................... 11\nPart 1A Infringement notice offences\n16 Infringement notice offence and prescribed amount payable ........ 12\n17 When infringement notice may be given ........................................ 12\n17A Contents of infringement notice ..................................................... 12\n17B Payment by cheque ....................................................................... 13\n17C Withdrawal of infringement notice.................................................. 13\n17D Application of Part ......................................................................... 13\nPart 2 Animals generally\n18 Diseased and injured animals and animals at large ...................... 14\n19 Removal, destruction or disposal of animal ................................... 14\n\nNhulunbuy (Animal Control) By-laws 1998 ii\n19A Animal causing nuisance ............................................................... 14\n19B Seizure and impounding ................................................................ 15\n19C Destruction of seized animal.......................................................... 15\n19D Release of animals from pounds ................................................... 16\n19E Notice of impounding registered dogs ........................................... 16\n19F Diseased dogs that have been impounded ................................... 16\n19G Destruction or disposal of unclaimed impounded animal ............... 18\n19H Pounds .......................................................................................... 18\n19J Humane destruction of animals ..................................................... 18\n19K Emergency destruction of animal .................................................. 19\n20 Occupier is taken to be owner ....................................................... 19\nPart 3 Control of dogs\nDivision 1 Preliminary matters\n22 Exemptions .................................................................................... 19\nDivision 2 Registration of dogs\n22A Application for registration ............................................................. 19\n22B Grant of registration ....................................................................... 20\n23 Conditions of registration ............................................................... 21\n23A Registration of certain dog breeds ................................................. 22\n24 Identification device ....................................................................... 22\nDivision 4 Cancellation or variation of registration\n26 Cancellation or variation of registration by request ........................ 22\n27 Cancellation or variation of registration otherwise than by\nrequest .......................................................................................... 23\nDivision 4A Dangerous dogs\n28A Dangerous dog .............................................................................. 24\n28B Revocation of declaration .............................................................. 24\n28C Registration of dangerous dog....................................................... 24\nDivision 5 Dog exercise areas and dog restriction areas\n29 Dog exercise areas and dog restriction areas ............................... 26\nDivision 6 Offences\n30 Unregistered dogs ......................................................................... 27\n30A Failure to comply with a condition of registration ........................... 27\n32 Keeping dogs in dog restriction area ............................................. 28\n33 Removal of identification device .................................................... 28\n33A Dog at large without identification device ...................................... 29\n\nNhulunbuy (Animal Control) By-laws 1998 iii\n33B Identification device fitted to incorrect dog ..................................... 29\n34 Dogs at large ................................................................................. 29\n35 Female dog in oestrus ................................................................... 30\n36 Enticement..................................................................................... 30\n37 Dogs attacking or menacing persons or animals ........................... 31\n38 Dog chasing vehicle ...................................................................... 31\n39 Dogs causing nuisance ................................................................. 32\n40 Abandoning dog ............................................................................ 32\n41 Removal of dog from custody ........................................................ 32\n42 Sterilisation marks and certificates ................................................ 33\nDivision 9 Miscellaneous matters\n49 Change of details........................................................................... 34\n50 Exemptions .................................................................................... 34\nPart 3A Review of decisions\n50A Reviewable decisions .................................................................... 35\nPart 4 Transitional matters for Nhulunbuy\n(Animal Control) Amendment By-laws 2015\n51 Definition........................................................................................ 35\n52 CEO of Corporation ....................................................................... 35\nSchedule 1\nSchedule 2 Determinations\nSchedule 3 Infringement notice offences and\nprescribed amounts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 2 February 2023\n____________________\nNHULUNBUY (ANIMAL CONTROL) BY-LAWS 1998\nBy-laws under the Local Government Act 2019\nPart 1 Preliminary matters\nDivision 1 General matters\n1 Citation\nThese By-laws may be cited as the Nhulunbuy (Animal Control)\nBy-laws 1998.\n2 Application and purpose\n(1) These By-laws apply to and are in force within the whole of the area\ndescribed in the Schedule to the instrument made under\nsection 128(1) of the Act (for the purpose of extending to the\nCorporation the functions, by-law making powers and enforcement\npowers of a municipal council in relation to Animal Control and\nAnimal Impounding) and published in Gazette No. G50 dated\n17 December 1997, a copy of which is set out in Schedule 1.\nNote for clause (1)\nThese By-laws were made under the Local Government Act 1993 (Act No. 83\nof 1993) and continued in force by:\n(a) section 270(1)(b) of the Local Government Act 2008 (Act No. 12 of 2008);\nand\n(b) section 355(1)(b) of the Local Government Act 2019.\n(2) The purpose of these By-laws is to provide for the keeping of\nanimals within the corporation area in a manner compatible with the\nenjoyment by residents of a congenial living environment.\n3 Crown to be bound\nThese By-laws bind the Crown in right of the Territory.\n\nPart 1 Preliminary matters\nDivision 1 General matters\nNhulunbuy (Animal Control) By-laws 1998 2\n4 Interpretation\n(1) In these By-laws:\nanimal means an animal that is kept on private premises in the\ncorporation area, and includes dogs, cats, birds and reptiles.\nappropriate fee means the fee determined by the Corporation to\nbe the fee for a registration or other matter or for a class of\nregistration or other matter.\napproved means approved by the Corporation by resolution.\nassistance dog means a dog:\n(a) trained and assessed by a training institution recognised by\nthe Corporation; and\n(b) used by a person to alleviate the effects of a diagnosed\ndisability, whether physical, sensory or psychological.\nattack, in relation to the actions of a dog, means an action of a dog\nthat involves the dog rushing at, biting, chasing, menacing or\nworrying a person or another animal and, in so doing, the dog\nactually touches the person or animal or the clothing or other\nproperty in the immediate possession or under the immediate\ncontrol of the person, whether or not any injury or damage occurs to\nthe person, animal or property.\nauthorised person means an authorised person as defined in\nsection 7 of the Local Government Act 2019.\nCEO means the person who is responsible for exercising the\npowers and performing the functions under and in relation to these\nBy-laws that, if the Corporation was a shire council and the\ncorporation area was a local government area, the CEO of the shire\ncouncil would be exercising or performing.\nCorporation means the Nhulunbuy Corporation Limited\nACN 009 596 598.\ncorporation area means the areas described in the Schedule to\nthe instrument referred to in by-law 2(1), a copy of which is set out\nin Schedule 1.\ndangerous dog means a dog declared to be dangerous under\nby-law 28A.\ndetermined means determined by the Corporation by resolution.\n\nPart 1 Preliminary matters\nDivision 1 General matters\nNhulunbuy (Animal Control) By-laws 1998 3\ndog means an animal of the genus Canis.\ndog exercise area means a dog exercise area declared under\nby-law 29.\ndog restriction area means a dog restriction area declared under\nby-law 29.\ndog-tag means a dog-tag issued under by-law 24.\nidentification device means a device or mark used for identifying\nan animal registered under these By-laws and includes a dog-tag,\npermanent electronic subcutaneous implant, tattoo or other\napproved device or mark.\ninfringement notice, see by-law 16.\ninfringement notice offence, see by-law 16(1).\nlivestock includes crocodiles, cattle, buffalo, horses, camels,\nsheep, goats, pigs (including wild pigs), deer, alpacas, poultry\nllamas and honey bees.\nmenace, in relation to the actions of a dog, means an action that\ncreates a reasonable apprehension in a person that the dog is likely\nto attack the person, another person or an animal owned or in the\ncontrol of the first-mentioned person, and includes a reasonable\napprehension that the dog may escape or be released from\nrestraint to attack a person or the animal.\nnuisance, see by-law 19A(2).\nofficer means the following:\n(a) an authorised person;\n(b) an officer or employee of the Corporation.\nowner, see by-law 4AA.\npermanent electronic subcutaneous implant means an\nelectronic device that can be implanted into the tissue of a dog for\nthe purpose of identifying the dog.\npound means a pound established or maintained under\nby-law 19H.\npound supervisor means a person appointed to be a supervisor of\na pound under by-law 19H(2).\npremises includes a building and land (whether built on or not).\n\nPart 1 Preliminary matters\nDivision 1 General matters\nNhulunbuy (Animal Control) By-laws 1998 4\nprescribed amount, see by-law 16(2).\npublic place includes:\n(a) every place to which free access is permitted to the public,\nwith the express or tacit consent of the owner or occupier of\nthe place;\n(b) every place to which the public are admitted on payment of\nmoney, the test of the admittance being the payment of the\nmoney only;\n(c) every road, street, footway, court, alley, thoroughfare or\ncul-de-sac which the public are allowed to use,\nnotwithstanding that the road, street, footway, court, alley,\nthoroughfare or cul-de-sac may be formed on private property;\nand\n(d) land reserved under a law of the Territory for the use of the\npublic or a member of the public.\nregister means a register established in pursuance of by-law 7.\nregistered, in relation to a dog, means registered under these\nBy-laws.\nregistrar means the person appointed under by-law 6 to be the\nregistrar.\nregistered owner, in relation to a dog, means the person specified\nin the appropriate register as the owner of the dog.\nvehicle means a conveyance or other device designed to be\npropelled or drawn by any means and includes a bicycle, tricycle,\nmotor vehicle, wheelchair and an animal being driven or ridden.\nveterinarian means a registered veterinarian within the meaning of\nthe Veterinarians Act 1994.\n(2) A reference in these By-laws to a dog at large is a reference to a\ndog, other than a dog in the custody of an authorised person or in a\npound, in a place other than premises owned or occupied by the\nowner of the dog.\n\nPart 1 Preliminary matters\nDivision 1 General matters\nNhulunbuy (Animal Control) By-laws 1998 5\n(3) For the purposes of these By-laws, a dog is under effective control\nif the dog is:\n(a) restrained by a leash, cord, chain or similar device that is not\nlonger than 3 metres and that is held by a person who has\nattained the age of 12 years and is competent to restrain the\ndog;\n(b) enclosed in a vehicle (which includes being in or on the back\nof a flat topped, tray backed or well bodied vehicle) in such a\nmanner that no part of the dog is projecting from the vehicle;\nor\n(c) in a dog exercise area in accordance with the conditions, if\nany, to which use of the area is subject and the dog is not a\nfemale dog in oestrus.\n4AA Meaning of owner\n(1) In relation to a dog, owner means any of the following:\n(a) the person who is registered as the owner of the dog;\n(b) the person for the time being in control or possession of the\ndog;\n(c) the occupier of premises or a part of premises where the dog\nis usually kept or kept for the time being.\n(2) In relation to any other animal, owner means any of the following:\n(a) the person for the time being in control or possession of the\nanimal;\n(b) the occupier of premises or a part of premises where the\nanimal is usually kept or kept for the time being.\n(3) If an owner under clause (1) or (2) is under the age of 18 years, any\nparent or guardian of the owner is taken to be the owner of the dog\nor other animal.\n(4) Despite clause (1)(b) and (c), owner does not include a person\ncontrolling or keeping a dog under by-law 19B, 19F, 19G or 19H.\n\nPart 1 Preliminary matters\nDivision 1 General matters\nNhulunbuy (Animal Control) By-laws 1998 6\n4A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against these\nBy-laws.\nNote for by-law 4A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n5 Determinations, including determinations of charges\n(1) Where the Corporation makes a determination under this By-law, it\nis to publish a notice of its making in a newspaper circulating in the\ncorporation area as soon as reasonably possible after the\ndetermination is made.\n(2) The Corporation may determine the charges, dues and fees in\nrelation to an animal, undertaking, service, matter or thing referred\nto in these By-laws.\n(3) Where the Corporation, in the exercise of a power or the\nperformance of a function under these By-laws:\n(a) supplies a service, product or commodity;\n(c) makes a registration;\n(d) furnishes information;\n(f) receives an application;\n(g) permits inspection of a register;\n(h) allows the use of real or personal property of or under its care;\nor\n(j) takes any other action in relation to which a determination is\nmade,\nit may demand and recover the relevant amount determined under\nclause (2).\n(4) The Corporation may make determinations in relation to a matter or\nthing set out in Column 1 of Schedule 2 and, for that purpose, may\ntake into account a matter specified in Column 2 of that Schedule.\n\nPart 1 Preliminary matters\nDivision 1 General matters\nNhulunbuy (Animal Control) By-laws 1998 7\n6 Registrar\nThe Corporation may appoint a person to be the registrar for the\npurposes of these By-laws.\n7 Registers\n(1) The registrar is to keep the number of registers as the Corporation\ndetermines.\n(2) The registrar may keep a register in the medium or combination of\nmedia as the registrar thinks fit, including a computer, microfilm or\npaper.\n(3) The information recorded in the register or registers kept under\nthese By-laws is to include the particulars of:\n(a) all dogs registered by the Corporation; and\n(b) all licences granted by the Corporation under these By-laws\nbefore the day the Nhulunbuy (Animal Control) Amendment\nBy-laws 2022 commenced; and\n(c) all offences against these By-laws:\n(i) for which a registered owner of a dog has been\nconvicted; or\n(ii) in respect of which a registered owner of a dog has paid\na sum specified by these By-laws in pursuance of a\nnotice of infringement issued under these By-laws.\n8 Matters of evidence\n(1) An extract from or copy of an entry in a register purported to be\nsigned by the registrar is, in all courts and on all occasions,\nevidence of the signature of the registrar and of the particulars\ncontained in the entry without requiring the production of the\nregister.\n(2) A statement signed by the registrar concerning particulars of entries\nin a register, including:\n(a) whether the name of a person was entered in a register in\nrelation to an animal, matter or thing; or\n(b) whether a registration had been issued,\n\nPart 1 Preliminary matters\nDivision 2 Livestock\nNhulunbuy (Animal Control) By-laws 1998 8\nis to be received in a court, the Tribunal or by a person acting\njudicially as evidence of the signature of the registrar and of those\nparticulars without requiring the production of the register.\n(3) In relation to the making of a resolution by the Corporation for the\npurposes of these By-laws, the minutes of a meeting of the\nCorporation or a document purporting to be a true copy of, or an\nextract from, the minutes of a meeting of the Corporation signed by\nthe CEO is to be received in a court, the Tribunal or by a person\nacting judicially as evidence of the particulars contained in the\nminutes, or that extract or copy, without further proof.\nDivision 2 Livestock\n9 Livestock\n(1) All livestock is prohibited from being kept in the Corporation area,\nunless allowed under this by-law.\n(2) Chickens (other than roosters) may be kept if:\n(a) they are properly contained on premises; and\n(b) no more than 5 chickens are kept on the same premises; and\n(c) the owner holds a permit to keep chickens on the premises.\n(3) A person may apply to the Corporation for a permit to keep\nchickens on premises.\n(4) An application under clause (3) must be:\n(a) in the approved form; and\n(b) accompanied by the appropriate fee; and\n(c) accompanied by any other documents, specifications or\nparticulars that the Corporation may require.\n(5) On application under clause (3), the Corporation may grant or\nrenew, or refuse to grant or renew, a permit to keep chickens on\npremises.\n(6) The permit remains in force for the period specified in the permit by\nthe Corporation.\n(7) The permit may be subject to the conditions the Corporation thinks\nfit and specifies in the permit including conditions that may lead to\nimmediate revocation of the permit if they are not complied with.\n\nPart 1 Preliminary matters\nDivision 2 Livestock\nNhulunbuy (Animal Control) By-laws 1998 9\n10 Cancellation or variation of permit by request\n(1) The holder of a permit to keep chickens on premises may apply in\nwriting to the Corporation for:\n(a) the cancellation of the permit; or\n(b) a variation to the conditions the permit is subject to.\n(2) On an application under clause (1), the Corporation may, by written\nnotice served on the applicant, cancel or vary the permit in the\nmanner requested in the application.\n(3) A notice served by the Corporation under clause (2) takes effect on\nthe day 14 days after the service of the notice.\n11 Cancellation or variation of permit other than by request\n(1) The Corporation may, in accordance with this by-law, cancel a\npermit to keep chickens on premises or vary the permit (including\nany conditions of the permit) if the holder of the permit:\n(a) obtained the permit improperly; or\n(b) failed to comply with these By-laws or a condition of the\npermit.\n(2) Before making a decision to cancel or vary the permit, the\nCorporation must give the holder a written notice:\n(a) stating that the Corporation proposes to cancel or vary the\npermit; and\n(b) stating the grounds for the intended cancellation or\nvariation; and\n(c) inviting the holder to show cause why the Corporation should\nnot cancel the permit or vary the permit.\n(3) The Corporation may, not less than 14 days after the date of the\nnotice under clause (2), cancel the permit or vary the permit\n(including any conditions of the permit).\n(4) In making a decision to cancel or vary a permit under clause (3),\nthe Corporation must consider any response provided by the holder\nwithin the period of 14 days after the date of the notice under\nclause (2).\n(5) The Corporation must give written notice to the holder of the permit\nof the decision under clause (3).\n\nPart 1 Preliminary matters\nDivision 3 Regulatory matters\nNhulunbuy (Animal Control) By-laws 1998 10\n12 Offence related to livestock\n(1) A person commits an offence if the person keeps livestock contrary\nto by-law 9.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\nNote for clause (3)\nThe defendant has an evidential burden in relation to the matters in clause (3)\n(see section 43BU of the Criminal Code).\nDivision 3 Regulatory matters\n13 Compliance with notices\nA requirement of a notice served by the Corporation under these\nBy-laws is to be complied with by the person on whom it is served.\n14 Obstruction of officers\n(1) A person commits an offence if:\n(a) the person obstructs another person; and\n(b) the other person is one of the following:\n(i) an officer;\n(ii) an employee of a contractor or subcontractor of the\nCorporation; and\n(c) the other person is acting in an official capacity.\nMaximum penalty: 20 penalty units\n(2) An offence against clause (1) is an offence of strict liability.\n(3) In this by-law:\nacting in an official capacity, in relation to a person mentioned in\nclause (1)(b), means the person is exercising powers or performing\nfunctions under, or otherwise related to the administration of, these\nBy-laws.\nobstruct includes hinder and resist.\n\nPart 1 Preliminary matters\nDivision 3 Regulatory matters\nNhulunbuy (Animal Control) By-laws 1998 11\n15 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an officer; and\n(c) the person knows the information is misleading; and\n(d) the person knows the officer is acting in an official capacity.\nMaximum penalty: 20 penalty units.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an officer; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the officer is acting in an official capacity.\nMaximum penalty: 20 penalty units.\n(3) Strict liability applies to clauses (1)(b) and (2)(b).\n(4) Clause (2) does not apply if the person, when giving the document:\n(a) draws the misleading aspect of the document to the officer's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe officer the information necessary to remedy the misleading\naspect of the document.\n(5) In this by-law:\nacting in an official capacity, in relation to an officer, means the\nofficer is exercising powers or performing functions under, or\notherwise related to the administration of, these By-laws.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n\nPart 1A Infringement notice offences\nNhulunbuy (Animal Control) By-laws 1998 12\nPart 1A Infringement notice offences\n16 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 3.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in Schedule 3.\n17 When infringement notice may be given\nIf an authorised person reasonably believes a person has\ncommitted an infringement notice offence, the person may give a\nnotice (an infringement notice) to the person.\n17A Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n\nPart 1A Infringement notice offences\nNhulunbuy (Animal Control) By-laws 1998 13\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in clause (2)(b).\n17B Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n17C Withdrawal of infringement notice\n(1) The Corporation may withdraw the infringement notice by written\nnotice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n17D Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n\nPart 2 Animals generally\nNhulunbuy (Animal Control) By-laws 1998 14\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\nPart 2 Animals generally\n18 Diseased and injured animals and animals at large\nThe Corporation may, by notice in writing, require the owner of:\n(a) a diseased, injured, savage or destructive animal (whether it is\non private premises or in a public place); or\n(b) an animal at large in a public place that, if left at large, is likely\nto be a danger to the safety of the public,\nto immediately remove or otherwise dispose of the animal and may,\nif it is reasonable to do so, require the destruction of the animal.\n19 Removal, destruction or disposal of animal\n(1) The Corporation may cause the carcass of a dead animal that is\nfound in a public place to be removed or disposed of.\n(2) The Corporation may, without notice to the owner of a dead,\ndiseased or injured animal that is likely to be a danger to the safety\nof the public, cause the carcass or the animal to be removed or\ndestroyed and disposed of.\n(3) Where the Corporation incurs expense in removing, destroying or\ndisposing of an animal or a dead animal, the Corporation may\nrecover the expense from the owner of the animal as a debt due\nand payable to the Corporation.\n19A Animal causing nuisance\n(1) The owner of an animal must ensure that the animal is not a\nnuisance to people or other animals.\n\nPart 2 Animals generally\nNhulunbuy (Animal Control) By-laws 1998 15\n(2) An animal is a nuisance if the animal:\n(a) is injurious or dangerous to the health of the community or\nanother person; or\n(b) behaves repeatedly in a manner contrary to the general\ninterest of the community or specific interests of another\nperson; or\n(c) creates a noise of a degree or extent that disturbs the\nreasonable mental, physical or social well-being of a person\nother than its owner; or\n(d) defecates to a degree or extent that causes annoyance to a\nperson other than its owner.\n19B Seizure and impounding\n(1) An authorised person may seize:\n(a) an animal that appears to be diseased, injured, savage,\ndestructive, stray or not permitted to be in the corporation area\nunder these By-laws; or\n(b) an animal that is at large; or\n(c) an animal that is abandoned; or\n(d) an animal that is a nuisance to people or other animals on\nmore than one occasion; or\n(e) a dangerous dog the owner of which has not complied with the\nconditions of the dog's registration.\n(2) As soon as practicable after seizing an animal, the authorised\nperson must:\n(a) impound the animal in a pound; or\n(b) return the animal to its owner; or\n(c) destroy the animal in accordance with by-law 19C.\n19C Destruction of seized animal\nAn authorised person may, without prior notice to the owner of an\nanimal, destroy the animal seized under by-law 19B if:\n(a) the animal is diseased, injured, savage or destructive; and\n\nPart 2 Animals generally\nNhulunbuy (Animal Control) By-laws 1998 16\n(b) the authorised person believes on reasonable grounds that it\nis necessary to destroy the animal.\n19D Release of animals from pounds\n(1) An animal impounded under by-law 19B(2)(a) must not be released\nfrom the pound unless:\n(a) it is to the owner of the animal or to a person authorised to act\non behalf of the owner; and\n(b) the Corporation is paid any maintenance and release fees that\nthe Corporation requires to be paid; and\n(c) in the case of a dog – the dog is registered.\n(2) A person collecting an animal from a pound must provide evidence\nthat the person is the owner of the animal or is authorised to act on\nbehalf of the owner.\n19E Notice of impounding registered dogs\n(1) A pound supervisor must notify the registrar if:\n(a) a registered dog with an identification device is seized or\ndelivered to a pound; or\n(b) a dog with a collar on which the address of its owner is\ndisplayed is seized or delivered to a pound.\n(2) On being notified under clause (1), the registrar must serve on the\nregistered owner of the dog a notice, in the approved form, of the\nimpounding of the dog.\n(3) Except as required by clause (2), the registrar is not obliged to\nnotify the owner of a dog of the impounding of the dog.\n19F Diseased dogs that have been impounded\n(1) This clause applies to a dog if:\n(a) a pound supervisor takes custody of the dog after it is seized\nunder these By-laws; and\n(b) the pound supervisor:\n(i) receives advice from a veterinarian that the dog is, or is\nsuspected of being, diseased; or\n(ii) notices or suspects that the dog is diseased.\n\nPart 2 Animals generally\nNhulunbuy (Animal Control) By-laws 1998 17\n(2) The pound supervisor must:\n(a) isolate the dog from other dogs in the pound; and\n(b) notify the Corporation of the dog's condition.\n(3) The Corporation must serve on the owner, if known, of a dog\nisolated under clause (2) written notice that the dog is, or is\nsuspected of being, diseased and that the Corporation:\n(a) requires the dog to be destroyed; or\n(b) requires the dog to undergo a course of treatment specified in\nthe notice.\n(4) In a notice served under clause (3), the Corporation may require\nthe owner of the dog to produce to the Corporation, within the time\nspecified in the notice, a report prepared by a veterinarian or other\nperson specified in the notice relating to:\n(a) if the dog is not required to be destroyed – the disease of the\ndog; and\n(b) in any other case – all other dogs usually kept at the premises\nwhere the dog was kept.\n(5) A dog the subject of a notice under this by-law may be released\nfrom the pound in accordance with by-law 19D, subject to any\nconditions the Corporation thinks fit to impose.\n(6) A pound supervisor may, without prior notice to the owner of a dog\nin a pound, destroy the dog if the dog is so diseased or injured that\nit is humane to destroy it.\n(7) The cost of treatment reasonably provided by a pound supervisor to\na diseased dog, and to any other dog in the pound that was\ninfected or was at risk of being infected by the diseased dog before\nthe supervisor could reasonably isolate it, is a debt due and\npayable by the owner of the diseased dog to the Corporation.\n(8) An owner of a dog commits an offence if the owner:\n(a) fails to comply with a requirement of a notice imposed under\nclause (4); or\n(b) fails to comply with a condition imposed under clause (5).\nMaximum penalty: 20 penalty units.\n(9) An offence against clause (8) is an offence of strict liability.\n\nPart 2 Animals generally\nNhulunbuy (Animal Control) By-laws 1998 18\n(10) It is a defence to a prosecution for an offence against clause (8) if\nthe defendant has a reasonable excuse.\nNote for clause (10)\nThe defendant has an evidential burden in relation to the matters in clause (10)\n(see section 43BU of the Criminal Code).\n19G Destruction or disposal of unclaimed impounded animal\n(1) Despite by-law 19D and subject to clause (2), if an animal\nimpounded under by-law 19B is not claimed by the owner of the\nanimal or a person authorised to act on behalf of the owner within a\nperiod of time determined by the Corporation, the Corporation may:\n(a) destroy the animal; or\n(b) transfer the animal to an approved incorporated body that\nprovides animal welfare services.\n(2) If the animal impounded under by-law 19B is a dog the pound\nsupervisor may:\n(a) arrange for the destruction of the dog delivered to a pound on\nthe expiry of the number of days or hours determined by the\nCorporation; or\n(b) instead of destroying the dog under paragraph (a), transfer the\ndog to an approved incorporated body that provides animal\nwelfare services.\n19H Pounds\n(1) The Corporation may:\n(a) establish a pound; or\n(b) make any arrangements the Corporation thinks fit for use of\npremises for impounding animals under these By-laws.\n(2) The Corporation may appoint a person to be the supervisor of a\npound.\n19J Humane destruction of animals\n(1) An animal in a pound must not be destroyed other than:\n(a) by a veterinarian or another person who is, in the opinion of a\npound supervisor, qualified to destroy the animal; and\n(b) in a manner that is approved by the Australian Veterinary\nAssociation.\n\nPart 3 Control of dogs\nDivision 2 Registration of dogs\nNhulunbuy (Animal Control) By-laws 1998 19\n(2) An animal that is not in a pound and is destroyed under these\nBy-laws must be destroyed in a manner that is approved by the\nAustralian Veterinary Association.\n19K Emergency destruction of animal\nThe Corporation may, without prior notice to the owner of an\nanimal, destroy the animal if:\n(a) the animal is:\n(i) diseased, injured, savage or destructive; or\n(ii) surrendered by the owner to the Corporation for\ndestruction; and\n(b) the Corporation believes on reasonable grounds that it is\nnecessary to immediately destroy the animal.\n20 Occupier is taken to be owner\nFor this Part, in the absence of evidence to the contrary the\noccupier of land where an animal or a dead animal is found is to be\ntaken to be the owner of the animal.\nPart 3 Control of dogs\nDivision 1 Preliminary matters\n22 Exemptions\nBy-laws 30 and 32 do not apply to or in relation to:\n(a) a assistance dog; or\n(b) any other dog that the Corporation determines is exempt from\nthose By-laws.\nDivision 2 Registration of dogs\n22A Application for registration\n(1) A person may apply to the Corporation for the registration of a dog\nunder these By-laws.\n(2) An application must be:\n(a) in the approved form; and\n\nPart 3 Control of dogs\nDivision 2 Registration of dogs\nNhulunbuy (Animal Control) By-laws 1998 20\n(b) accompanied by the appropriate fee; and\n(c) accompanied by any other documents, specifications or\nparticulars that the Corporation may require.\n(3) An application for the renewal of a registration must be made to the\nCorporation not less than 14 days before the expiry of the\nregistration.\n(4) A person must not apply for registration for more than 2 dogs.\n(5) The Corporation may waive the requirement in clause (4) if the\nCorporation thinks it reasonable in the circumstances.\n22B Grant of registration\n(1) The Corporation must, not later than 14 days after receiving an\napplication for the registration of a dog:\n(a) register or renew the registration of the dog, either\nconditionally or unconditionally; or\n(b) refuse to register or renew the registration of the dog and\nrefund to the applicant the fee accompanying the application.\n(2) The Corporation may refuse to register or renew the registration of\na dog if:\n(a) within the period of 12 months before the date of the\napplication the owner of the dog:\n(i) was convicted of an offence against these By-laws; or\n(ii) made a payment of a sum specified in by-law 16(2) in\naccordance with a notice of infringement issued under\nthese By-laws; or\n(b) the dog is a dangerous dog and within the period of 12 months\nbefore the date of the application the owner of the dog\ncontravened by-law 28C(1) more than once; or\n(c) within the period of 12 months before the date of the\napplication the dog was impounded under these By-laws; or\n(d) the Corporation is satisfied that the dog is destructive,\ndangerous, savage or consistently the cause of nuisance to\nmembers of the public; or\n(e) the premises on which the dog is usually kept are not fenced\nin the manner determined by the Corporation; or\n\nPart 3 Control of dogs\nDivision 2 Registration of dogs\nNhulunbuy (Animal Control) By-laws 1998 21\n(f) within the period of 12 months before the date of the\napplication the Corporation received a complaint relating to:\n(i) the state of (including odour emanating from) the\npremises where the dog is usually kept caused by or as\na result of keeping the dog; or\n(ii) the unauthorised presence of the dog on land or\npremises other than the land or premises where the dog\nis usually kept.\n(3) The Corporation must refuse to register or renew the registration of\na dog if the dog is usually kept on premises within a dog restriction\narea.\n(4) Despite clause (3) the Corporation may renew the registration of a\ndog usually kept on premises within a dog restriction area if:\n(a) the dog was owned by the applicant immediately before the\narea became a dog restriction area; and\n(b) the dog is usually kept at premises in the dog restriction\narea; and\n(c) the dog is registered.\n(5) If the Corporation refuses to register or renew the registration of a\ndog or imposes conditions on the registration or renewal of the\nregistration of a dog, the Corporation must serve on the applicant a\nwritten statement of the reasons for its decision.\n23 Conditions of registration\n(1) A registration remains in force for the period of time specified in the\nregistration.\n(2) The Corporation may register or renew the registration of a dog for\none of the following periods:\n(a) the period of 12 months commencing on the date of the grant\nor renewal of the registration;\n(b) a period of less than 12 months;\n(c) if the dog is sterilised and fitted with an identification device –\nthe remainder of the lifetime of the dog.\n\nPart 3 Control of dogs\nDivision 4 Cancellation or variation of registration\nNhulunbuy (Animal Control) By-laws 1998 22\n(3) A registration may be subject to the conditions the Corporation\nthinks fit and specifies in the registration including conditions that\nmay lead to immediate revocation of the registration if they are\nbreached or not complied with.\n(4) A registration is not transferable.\n(5) A person must comply with the registration.\n23A Registration of certain dog breeds\n(1) It is a condition of registration of a dog of a breed specified by the\nCorporation that the owner of the dog must, at all times when the\ndog is outside premises where it is usually kept:\n(a) ensure the dog is controlled by a suitable leash; and\n(b) keep the dog muzzled.\n(2) For clause (1), the Corporation may specify any breed of dog.\n24 Identification device\n(1) Where the Corporation registers or renews the registration of a dog\nunder by-law 23, it must, unless the dog is fitted with a permanent\nelectronic subcutaneous implant issued by the Corporation, issue to\nthe person who made the application a dog-tag for fitting to the dog.\n(2) Where the Corporation issues a dog-tag to the owner of a dog, the\nowner, unless exempted by the Registrar, must ensure that:\n(a) the tag is fixed to a collar on the dog; and\n(b) the tag remains displayed on a collar on the dog,\nwhile the registration of the dog remains in force.\n(3) Where the Corporation issues to the owner of a dog a permanent\nelectronic subcutaneous implant, the owner must cause the dog to\nbe implanted with the device by a veterinarian not later than\n14 days after the date of registration of the animal.\nDivision 4 Cancellation or variation of registration\n26 Cancellation or variation of registration by request\n(1) The registered owner of a dog may apply, in writing, to the\nCorporation for:\n(a) the cancellation of registration of the dog; or\n\nPart 3 Control of dogs\nDivision 4 Cancellation or variation of registration\nNhulunbuy (Animal Control) By-laws 1998 23\n(b) a variation to the conditions to which the registration of the\ndog is subject.\n(2) On an application under clause (1), the Corporation may, by written\nnotice served on the applicant, cancel or vary the registration in the\nmanner requested in the application.\n(3) A notice served by the Corporation under clause (2) takes effect on\nthe day 14 days after the service of the notice.\n27 Cancellation or variation of registration otherwise than by\nrequest\n(1) The Corporation may, in accordance with this by-law, cancel the\nregistration of a dog or vary the registration (including any\nconditions of the registration) if the holder of the registration:\n(a) obtained the registration improperly; or\n(b) failed to comply with these By-laws or a condition of the\nregistration.\n(2) Before making a decision to cancel or vary the registration, the\nCorporation must give the holder of the registration a written notice:\n(a) stating that the Corporation proposes to cancel or vary the\nregistration; and\n(b) stating the grounds for the intended cancellation or\nvariation; and\n(c) inviting the holder to show cause why the Corporation should\nnot cancel or vary the registration.\n(3) The Corporation may, not less than 14 days after the date of the\nnotice under clause (2), cancel or vary the registration (including\nany conditions of the registration).\n(4) In making a decision to cancel or vary a registration under\nclause (3), the Corporation must consider any response provided\nby the registered owner within the period of 14 days after the date\nof the notice under clause (2).\n(5) The Corporation must give written notice to the registered owner of\nthe decision under clause (3).\n\nPart 3 Control of dogs\nDivision 4A Dangerous dogs\nNhulunbuy (Animal Control) By-laws 1998 24\nDivision 4A Dangerous dogs\n28A Dangerous dog\n(1) An authorised person may declare a dog to be a dangerous dog if\nany of the following occur:\n(a) the dog attacks a person or animal;\n(b) the dog menaces a person or animal;\n(c) the authorised person believes on reasonable grounds that\nthe dog is destructive, dangerous, savage or a threat to the\nsafety of the community.\n(2) If an authorised person declares a dog to be a dangerous dog, the\nauthorised person must serve a notice of the declaration on the\nowner of the dog.\n28B Revocation of declaration\n(1) The owner of a dangerous dog may apply to the Corporation for the\nrevocation of the declaration of a dangerous dog.\n(2) The Corporation may:\n(a) revoke the declaration; or\n(b) refuse the application to revoke the declaration.\n(3) The Corporation must give written notice of a decision under\nclause (2) to the owner of the dog.\n(4) A revocation under clause (2)(a) takes effect from the date the\nCorporation notifies the owner of the revocation.\n(5) If the Corporation refuses an application made under clause (1), the\nregistrar is not required to consider an application made under\nclause (1) in relation to the same dog within six months of the\nrefusal.\n28C Registration of dangerous dog\n(1) As a condition of registration of a dangerous dog, the registered\nowner of the dog must:\n(a) ensure the dog is under the effective control of a person who\nis at least 18 years of age at all times when the dog is outside\nthe premises where the dog is usually kept; and\n\nPart 3 Control of dogs\nDivision 4A Dangerous dogs\nNhulunbuy (Animal Control) By-laws 1998 25\n(b) ensure the dog is controlled by a suitable leash at all times\nwhen:\n(i) the dog is outside the premises where the dog is usually\nkept; or\n(ii) the dog is kept on premises that are not fenced in a\nmanner determined by the Corporation; and\n(c) keep the dog muzzled at all times when the dog is outside the\npremises where it is usually kept; and\n(d) ensure the dog is sterilised; and\n(e) inform any prospective purchaser or owner of the dog that it is\na dangerous dog; and\n(f) if ownership of the dog is transferred – notify the Corporation\nof the name and address of the new owner within 24 hours\nafter the transfer; and\n(g) if the registered owner intends to keep the dog at a location\ndifferent to the premises where the dog is usually kept for a\nperiod exceeding 14 days – notify the Corporation of the new\naddress within 24 hours after the dog is relocated; and\n(h) if the dog attacks, or is alleged to have attacked, a person or\nanimal – notify the Corporation of the attack, or alleged attack,\nwithin 24 hours after the earlier of:\n(i) the attack, or alleged attack; or\n(ii) the time the registered owner is made aware of the\nattack, or alleged attack; and\n(i) if the dog is missing – notify the Corporation within 24 hours\nafter the registered owner becomes aware the dog is\nmissing; and\n(j) if the dog dies – notify the Corporation within 14 days after its\ndeath.\n(2) If the registered owner of a dangerous dog contravenes clause (1)\nmore than once in a 12 month period, the Corporation may, by\nwritten notice served on the registered owner of the dog, require the\nregistered owner to show cause why the Corporation should not\ncancel the registration of the dog.\n\nPart 3 Control of dogs\nDivision 5 Dog exercise areas and dog restriction areas\nNhulunbuy (Animal Control) By-laws 1998 26\n(3) The Corporation may, not less than 14 days after the day a notice\nunder clause (2) is served, by written notice served on the\nregistered owner:\n(a) cancel the registration of the dog; or\n(b) impose additional conditions on the registration of the dog.\n(4) In making a decision to cancel the registration of a dog or impose\nadditional conditions on the registration of a dog under clause (3),\nthe Corporation must consider any response provided by the\nregistered owner of the dog within the period of 14 days after the\ndate of service of the notice under clause (2).\nDivision 5 Dog exercise areas and dog restriction areas\n29 Dog exercise areas and dog restriction areas\n(1) The Corporation may, by resolution, declare an area within the\ncorporation area to be a dog exercise area and, in doing so, must\nspecify the times when a dog may be exercised in the area and the\nother conditions, if any, to apply to the exercising of a dog in the\narea.\n(2) The Corporation may, by resolution, declare an area within the\ncorporation area to be a dog restriction area and may prohibit the\nkeeping in the area of:\n(a) all dogs; or\n(b) more than a specified number of dogs; or\n(c) all or more than a specified number of dogs of a specified\nbreed.\n(3) If the Corporation intends to declare a dog exercise area or dog\nrestriction area, the Corporation must:\n(a) publish a notice in a newspaper circulating in the corporation\narea not less that 28 days before making the declaration stating\nit intends to declare a dog exercise area or dog restriction\narea (as the case requires); and\n(b) include in the notice a description of the intended location of\nthe dog exercise area or dog restriction area; and\n(c) in the notice, invite comment from the public.\n(4) In making a resolution to declare an area within the corporation\narea to be a dog exercise area under clause (1) or a dog restriction\n\nPart 3 Control of dogs\nDivision 6 Offences\nNhulunbuy (Animal Control) By-laws 1998 27\narea under clause (2), the Corporation must consider any response\nprovided within the period of 28 days after the date of the\npublication of the notice in a newspaper under clause (3).\nDivision 6 Offences\n30 Unregistered dogs\n(1) A person commits an offence if:\n(a) the person keeps a dog within the corporation area; and\n(b) the dog is not registered.\nMaximum penalty: 20 penalty units\n(2) An offence against clause (1) is an offence of strict liability.\n(2A) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 1 penalty unit for each day during\nwhich the offence continues after the day the offence is committed.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant proves that the dog had not been usually kept in the\ncorporation area for a period of 3 months or more immediately\nbefore the date of the alleged offence or for periods totalling\n3 months during the 6 month period immediately before that date.\n(4) Clause (1) does not apply to:\n(a) a pound supervisor keeping a dog in a pound; or\n(b) an approved incorporated body that provides animal welfare\nservices; or\n(c) a veterinarian keeping a dog for the purposes of treatment; or\n(d) a dog under the age of 3 months.\n(5) The burden of proof as to whether a dog is under the age of\n3 months lies on the person averring the age of the dog.\n30A Failure to comply with a condition of registration\n(1) A registered owner of a dog commits an offence if:\n(a) the dog has been registered subject to conditions; and\n(b) a condition of the registration is contravened.\nMaximum penalty: 20 penalty units.\n\nPart 3 Control of dogs\nDivision 6 Offences\nNhulunbuy (Animal Control) By-laws 1998 28\n(2) An offence against clause (1) is an offence of strict liability.\n(3) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 1 penalty unit for each day during\nwhich the offence continues after the day the offence is committed.\n(4) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\n32 Keeping dogs in dog restriction area\n(1) A person who keeps a dog in a dog restriction area where keeping\nthe dog is prohibited commits an offence.\nMaximum penalty: 20 penalty units.\n(2) If a dog is present in a dog restriction area and the presence of the\ndog is prohibited, the owner of the dog commits an offence.\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (1) or (2) is an offence of strict liability.\n(3A) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 1 penalty unit for each day during\nwhich the offence continues after the day the offence is committed.\n(4) It is a defence to a prosecution for an offence against clause (1)\nor (2) if the defendant proves that, at the date of the making of the\nresolution declaring the dog restriction area, the dog:\n(a) was owned by the person; and\n(b) was usually kept at premises in the dog restriction area; and\n(c) if required by these By-laws to be registered, was registered.\n33 Removal of identification device\n(1) A person, other than the owner of a dog, who without reasonable\ncause removes an identification device from a registered dog\ncommits an offence.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\n\nPart 3 Control of dogs\nDivision 6 Offences\nNhulunbuy (Animal Control) By-laws 1998 29\n33A Dog at large without identification device\n(1) The owner of a registered dog who permits the dog to be at large\nwithout an identification device commits an offence.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant proves that the identification device was removed:\n(a) without the owner's permission and the owner had not had\nsufficient opportunity to replace the identification device; or\n(b) for a reasonable cause and the cause was still existent at the\ndate of the alleged offence.\n33B Identification device fitted to incorrect dog\n(1) A person must not fit an identification device on a dog that is not the\ndog for which the device was issued.\n(2) A person commits an offence if the person contravenes clause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant has a reasonable excuse.\n34 Dogs at large\n(1) An owner of a dog commits an offence if the dog, when at large, is\nnot under effective control.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if:\n(a) the dog, when at large, was in a dog exercise area in\ncompliance with the conditions of exercising a dog in the dog\nexercise area; or\n\nPart 3 Control of dogs\nDivision 6 Offences\nNhulunbuy (Animal Control) By-laws 1998 30\n(b) another person had, without the defendant's permission,\ncaused the dog to be at large.\nNote for clause (3)\nThe defendant has an evidential burden in relation to the matters in clause (3)\n(see section 43BU of the Criminal Code).\n35 Female dog in oestrus\n(1) The owner of a female dog must ensure the dog is not in a public\nplace if the dog is in oestrus.\n(2) A person commits an offence if the person fails to comply with\nclause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant has a reasonable excuse.\n(5) Without limiting clause (4), it is a reasonable excuse if the female\ndog is:\n(a) under effective control; and\n(b) being taken to one of the following:\n(i) a veterinarian for treatment;\n(ii) a kennel for boarding;\n(iii) a stud dog for breeding purposes;\n(iv) a conformation show;\n(v) any other event or place approved by the registrar.\n36 Enticement\nA person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the person is reckless as to whether the conduct results in the\nowner of a dog being liable to prosecution for an offence\nagainst these By-laws.\nMaximum penalty: 20 penalty units.\n\nPart 3 Control of dogs\nDivision 6 Offences\nNhulunbuy (Animal Control) By-laws 1998 31\n37 Dogs attacking or menacing persons or animals\n(1) An owner of a dog must ensure that the dog does not:\n(a) menace a person or animal; or\n(b) attack a person or animal.\n(2) An owner of a dog commits an offence if the owner fails to comply\nwith clause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes any of the following:\n(a) another person had, without the defendant's permission,\nenticed the dog to menace or attack the person or animal;\n(b) the animal menaced or attacked was menaced or attacked on\npremises owned or occupied by the defendant;\n(c) the person menaced or attacked was menaced or attacked on\npremises owned or occupied by the defendant, and the\nperson:\n(i) was not proceeding by the shortest practical route from a\nboundary of the premises to the door of the premises\nclosest to the boundary or from the door to the\nboundary; or\n(ii) was on the premises for an unlawful purpose.\n(5) If a court finds a person guilty of an offence against clause (2), the\ncourt may make one or both of the following orders:\n(a) order the person to pay the costs and expenses of, and\nincidental to, the impounding of the dog;\n(b) order the destruction of the dog in addition to, or instead of,\nthe penalty for that offence.\n38 Dog chasing vehicle\n(1) An owner of a dog must ensure the dog does not chase a vehicle.\n\nPart 3 Control of dogs\nDivision 6 Offences\nNhulunbuy (Animal Control) By-laws 1998 32\n(2) An owner of a dog commits an offence if the owner fails to comply\nwith clause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n39 Dogs causing nuisance\n(1) A person commits an offence if the person fails to comply with\nby-law 19A(1).\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\nNote for clause (3)\nThe defendant has an evidential burden in relation to the matters in clause (3)\n(see section 43BU of the Criminal Code).\n(4) The owner of a dog does not commit an offence against clause (1)\nconsisting of failing to prevent a dog repeatedly defecating in a\nplace that causes annoyance to other persons if the owner\nimmediately removes and disposes of the faeces in a sanitary\nmanner.\n40 Abandoning dog\n(1) A person commits an offence if the person abandons a dog in the\ncorporation area.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\n41 Removal of dog from custody\n(1) A person commits an offence if the person:\n(a) removes or attempts to remove a dog from the custody of an\nauthorised person; or\n\nPart 3 Control of dogs\nDivision 6 Offences\nNhulunbuy (Animal Control) By-laws 1998 33\n(b) except under by-law 19D, removes or attempts to remove a\ndog from a pound.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\n42 Sterilisation marks and certificates\n(1) The Corporation may approve:\n(a) a certificate of sterilisation to be issued to the owner of a\nsterilised dog; and\n(b) a mark to be used to identify a dog that has been sterilised.\n(2) Where the Corporation has approved a certificate of sterilisation\nunder clause (1), a veterinarian must, on sterilising a dog, issue\nsuch a certificate to the owner of the dog.\n(3) Where the Corporation has approved a mark under clause (1), a\nperson must not mark a dog that has not been sterilised with the\napproved mark.\n(4) A person selling or disposing of a dog to another person, must not:\n(a) if the dog has been sterilised – fail to supply to the other\nperson the proof that the dog has been sterilised; or\n(b) if the dog has not been sterilised – state or hold out that the\ndog is sterilised.\n(5) A person who contravenes or fails to comply with clause (2), (3)\nor (4) commits an offence.\nMaximum penalty: 20 penalty unit.\n(6) An offence against clause (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against clause (5) if\nthe defendant has a reasonable excuse.\n\nPart 3 Control of dogs\nDivision 9 Miscellaneous matters\nNhulunbuy (Animal Control) By-laws 1998 34\nDivision 9 Miscellaneous matters\n49 Change of details\n(1) A person who acquires ownership of a registered dog must, not\nlater than 14 days after acquiring ownership, notify the registrar of:\n(a) the person's name and address;\n(b) the name of the registered owner from whom the person\nacquired the dog; and\n(c) the registration number of the dog.\n(1A) A person who fails to comply with clause (1) commits an offence.\nMaximum penalty: 1 penalty unit.\n(1B) An offence against clause (1A) is an offence of strict liability.\n(1C) It is a defence to a prosecution for an offence against clause (1A) if\nthe defendant has a reasonable excuse.\n(2) The registered owner of a dog who changes his or her address\nmust, not later than 14 days after the change, notify the registrar of\nthe new address.\n(2A) A person who fails to comply with clause (2) commits an offence.\nMaximum penalty: 1 penalty unit.\n(2B) An offence against clause (2A) is an offence of strict liability.\n(2C) It is a defence to a prosecution for an offence against clause (2A) if\nthe defendant has a reasonable excuse.\n50 Exemptions\n(1) The Corporation may, by notice in writing, exempt a person or body\nfrom by-law 33 or 34, or both, for the purposes of a dog race, dog\ntrial, dog show, or while taking part in the activities of a dog\nobedience club or using a dog to drive cattle or stock on a road, or\nfor any other purpose or event as the Corporation may determine.\n(2) An exemption under clause (1) may relate to a particular event or to\na class of events and may be subject to the conditions the\nCorporation thinks fit.\n\nPart 4 Transitional matters for Nhulunbuy (Animal Control) Amendment By-laws\n2015\nNhulunbuy (Animal Control) By-laws 1998 35\nPart 3A Review of decisions\n50A Reviewable decisions\nFor Part 18.1 of the Act, the following decisions are designated as\nreviewable:\n(a) a decision to destroy an animal under by-law 19C or 19G(1)(a)\nor (2)(a);\n(b) a decision to refuse to register or renew the registration of a\ndog under by-law 22B(2);\n(c) a decision to cancel the registration of a dangerous dog or\nimpose additional conditions on the registration under\nby-law 28C(3).\nNote for by-law 50A\nPart 18.1 of the Act provides the details of the process for the review of these\ndecisions.\nPart 4 Transitional matters for Nhulunbuy (Animal\nControl) Amendment By-laws 2015\n51 Definition\nIn this Part:\ncommencement means the day on which the Nhulunbuy (Animal\nControl) Amendment By-laws 2015 commence.\n52 CEO of Corporation\nThe person who was referred to as the Town Administrator\nimmediately before the commencement is the CEO for these\nBy-laws.\n\nSchedule 1\nNhulunbuy (Animal Control) By-laws 1998 36\nSchedule 1\nby-law 2(1)\nCOPY OF INSTRUMENT UNDER SECTION 128(1) OF LOCAL\nGOVERNMENT ACT 2008\n\"NORTHERN TERRITORY OF AUSTRALIA\nLocal Government Act 2008\nEXTENSION OF ANIMAL CONTROL POWERS TO NHULUNBUY\nCORPORATION LIMITED\nI, TIMOTHY DENNEY BALDWIN, the Minister for Local Government, in\npursuance of section 128(1) of the Local Government Act 2008, declare the\nNhulunbuy Corporation Limited ACN 009 596 598 (a body which in my opinion\nis capable of performing relevant functions of a local government nature) to be\na body to which section 128 of the Act applies in relation to the area, not being\na council area, described in the Schedule.\nDated 27 October, 1997.\nT.D. BALDWIN\nMinister for Local Government\nNOTE: On this declaration taking effect, the Nhulunbuy Corporation\nLimited has in the area described in the Schedule the functions that a\nmunicipal council has under the Act in relation to Animal Control and Animal\nImpounding, and has in relation to those functions the same by-law making\nand enforcing powers as a municipal council has in relation to its municipality.\nSCHEDULE\nAll those parcels of land at Nhulunbuy in the Northern Territory of Australia\ncontaining a total area of 679.83 hectares more or less, being Northern\nTerritory Portions 1192 and 1316 (which include the town centre, the main\nresidential areas and the main industrial area) and being more particularly\ndelineated on Survey Plans A708 and A952 lodged with the Surveyor\nGeneral, Darwin.\".\n\nSchedule 2 Determinations\nNhulunbuy (Animal Control) By-laws 1998 37\nSchedule 2 Determinations\nby-law 5(4)\nColumn 1\nDeterminations\nColumn 2\nMatters to be taken into account\nRegistration\n(1) By-law 5(3)(c)\nApplication fee for\n(a) registration Fee may vary in respect of matters\nincluding:\n(a) the date of the application;\n(b) whether or not the owner\npresents a sterilisation\ncertificate in relation to the\ndog;\n(c) whether or not the applicant is\na pensioner;\n(d) whether or not the dog is a\ndangerous dog.\n(b) renewal of registration Fee may vary in respect of matters\nincluding:\n(a) whether or not the owner\npresents or has, on making\napplication for the initial\nregistration, presented a\nsterilisation certificate in\nrelation to the dog;\n(b) whether or not the applicant is\na pensioner;\n(c) whether or not the dog is a\ndangerous dog.\n\nSchedule 2 Determinations\nNhulunbuy (Animal Control) By-laws 1998 38\n(2) By-law 22B(2)(e)\nManner in which premises on which\nthe dog is usually kept are to be\nfenced.\nManner may vary by reference to the\nsize or breed, or both, of the dog to\nbe registered.\nDog Restriction Areas\nBy-law 29(2)\nProhibiting the keeping of any of the\nfollowing within a specified area of the\ncorporation area:\n(a) all dogs;\n(b) more than a specified number\nof dogs;\n(c) all or more than a specified\nnumber of dogs of a specified\nbreed.\nMaintenance and Release Fees\nBy-law 19D(1)\nDaily fee to be paid in relation to the\nmaintenance of an animal in a pound.\nFee to be paid on the release of an\nanimal from a pound.\nDestruction of Impounded Animals\nBy-law 19G(1)\nNumber of days or hours on the\nexpiry of which the pound supervisor\nmay arrange for the destruction of an\nanimal.\nRegistration of dangerous dog\nBy-law 28C(1)(b)(ii)\nManner in which premises on which\nthe dangerous dog is usually kept are\nto be fenced.\nManner may vary by reference to the\nsize or breed, or both, of the\ndangerous dog to be registered.\n\nSchedule 2 Determinations\nNhulunbuy (Animal Control) By-laws 1998 39\nOther Determinations\nThe purposes for which and the\nconditions on which the Corporation\nwill grant registrations not otherwise\nspecifically dealt with in these\nBy-laws.\n\nSchedule 3 Infringement notice offences and prescribed amounts\nNhulunbuy (Animal Control) By-laws 1998 40\nSchedule 3 Infringement notice offences and prescribed\namounts\nby-law 16\nProvision Prescribed amount\nin penalty units\nby-laws 12(1), 14(1), 15(1) and (2), 33(1), 33A(1), 36,\n40(1) and 41(2)\n2\nby-laws 19F(8), 30(1), 30A(1), 32(1) and (2), 33B(2),\n34(1), 35(2), 38(2), 39(1), 42(5) and 49(1A) and (2A)\n1\nby-law 37(2) 7\n\nENDNOTES\nNhulunbuy (Animal Control) By-laws 1998 41\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNhulunbuy (Animal Control) By-laws (SL No. 33, 1998)\nNotified 26 August 1998\nCommenced 26 August 1998\nAmendment of Nhulunbuy (Animal Control) By-laws (SL No. 9, 2000)\nNotified 10 February 2000\nCommenced 10 February 2000\nAmendment of Nhulunbuy (Animal Control) By-laws (SL No. 23, 2000)\nNotified 4 May 2000\nCommenced 4 May 2000\nAmendment of Nhulunbuy (Animal Control) By-laws (SL No. 44, 2000)\nNotified 23 August 2000\nCommenced 23 August 2000\nAmendment of Nhulunbuy (Animal Control) By-laws (SL No. 28, 2015)\nNotified 24 November 2015\nCommenced 24 November 2015\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n\nENDNOTES\nNhulunbuy (Animal Control) By-laws 1998 42\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nNhulunbuy (Animal Control) Amendment By-laws (SL No. 27, 2022)\nNotified 2 February 2023\nCommenced 2 February 2023\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: bl 1, 2, 4 and 17A and sch 1.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 28, 2015, bl 24\npt 1\ndiv 1 hdg amd No. 28, 2015, bl 24\nbl 2 amd No. 28, 2015, bl 3; Act No. 39, 2019, s 370\nbl 4 amd No. 28, 2015, bl 4; Act No. 39, 2019, s 370; No. 27, 2022, bl 4\nbl 4A ins No. 28, 2015, bl 5\nbl 4AA ins No. 27, 2022, bl 5\nbl 5 amd No. 28, 2015, bl 24, No. 27, 2022, bl 6\nbl 7 amd No. 27, 2022, bl 7\nbl 8 amd No. 28, 2015, bl 24; No. 27, 2022, bl 8\npt 1\ndiv 2 hdg sub No. 27, 2022, bl 9\nbl 9 – 10 sub No. 27, 2022, bl 9\nbl 11 amd No. 28, 2015, bl 24\nsub No. 27, 2022, bl 9\nbl 12 sub No. 27, 2022, bl 9\npt 1\ndiv 3 hdg amd No. 28, 2015, bl 24\nbl 14 – 15 sub No. 28, 2015, bl 6\nbl 16 – 17 rep No. 28, 2015, bl 6\nbl 18 amd No. 27, 2022, bl 10\nbl 19 amd No. 28, 2015, bl 24\nbl 19A – 19K ins No. 27, 2022, bl 11\nbl 20 amd No. 28, 2015, bl 24\npt 3\ndiv 1 hdg amd No. 28, 2015, bl 24\nbl 21 amd No. 28, 2015, bl 24\nrep No. 27, 2022, bl 12\nbl 22 amd No. 27, 2022, bl 13\nbl 22A – 22B ins No. 27, 2022, bl 14\nbl 23 amd No. 28, 2015, bl 7\nbl 23 sub No. 27, 2022, bl 14\nbl 23A ins No. 28, 2015, bl 8\nsub No. 27, 2022, bl 14\npt 3\ndiv 3 hdg rep No. 27, 2022, bl 15\nbl 25 rep No. 27, 2022, bl 15\n\nENDNOTES\nNhulunbuy (Animal Control) By-laws 1998 43\npt 3\ndiv 4 hdg amd No. 28, 2015, bl 24\nsub No. 27, 2022, bl 15\nbl 26 hdg amd No. 28, 2015, bl 24\nbl 26 sub No. 27, 2022, bl 15\nbl 27 hdg amd No. 28, 2015, bl 24\nbl 27 amd No. 27, 2022, bl 15\npt 3\ndiv 4A hdg ins No. 28, 2015, bl 9\namd No. 27, 2022, bl 16\nbl 28A ins No. 28, 2015, bl 9\nsub No. 27, 2022, r 17\nbl 28B ins No. 28, 2015, bl 9\namd No. 27, 2022, bl 18\nbl 28C ins No. 28, 2015, bl 9\nsub No. 27, 2022, bl 19\nbl 29 amd No. 27, 2022, bl 20\nbl 30 amd No. 28, 2015, bl 10; No. 27, 2022, bl 21\nbl 30A ins No. 28, 2015, bl 11\nbl 31 sub No. 28, 2015, bl 11\nrep No. 27, 2022, bl 22\nbl 32 amd No. 28, 2015, bl 12\nbl 33 sub No. 28, 2015, bl 13\nbl 33A – 33B ins No. 28, 2015, bl 13\nbl 34 amd No. 28, 2015, bl 14; No. 27, 2022, bl 23\nbl 35 – 38 sub No. 28, 2015, bl 15\nbl 39 amd No. 28, 2015, bl 16\nsub No. 27, 2022, bl 24\nbl 40 sub No. 28, 2015, bl 17\nbl 41 sub No. 28, 2015, bl 17\namd No. 27, 2022, bl 25\nbl 42 amd No. 28, 2015, bl 18; No. 27, 2022, bl 26\npt 3\ndiv 7 hdg rep No. 27, 2022, bl 27\nbl 43 rep No. 27, 2022, bl 27\npt 3\ndiv 8 hdg rep No. 27, 2022, bl 27\nbl 44 hdg sub No. 28, 2015, bl 24\nbl 44 – 45 rep No. 27, 2022, bl 27\nbl 46 amd No. 28, 2015, bl 19\nrep No. 27, 2022, bl 27\nbl 47 amd No. 28, 2015, bl 20\nrep No. 27, 2022, bl 27\nbl 48 rep No. 27, 2022, bl 27\npt 3\ndiv 9 hdg amd No. 28, 2015, bl 24\nbl 49 amd No. 28, 2015, bl 21; No. 27, 2022, bl 28\nbl 50 hdg sub No. 28, 2015, bl 24\npt 3A hdg ins No. 27, 2022, bl 29\nbl 50A ins No. 27, 2022, bl 29\npt 4 hdg ins No. 28, 2015, bl 22\nbl 51 – 52 ins No. 28, 2015, bl 22\nsch 2 sub No. 27, 2022, bl 30\nsch 3 sub No. 9, 2000; No. 23, 2000; No. 44, 2000; No. 28, 2015, bl 24; No. 27,\n2022, bl 30\nsch 4 rep No. 28, 2015, bl 24","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"by-law 19E(1)(b)–(2) and by-law 4(1) definition of registered owner","severity":"medium","reasoning":"By-law 19E(1)(b) applies to “a dog” displaying its owner’s address, without requiring registration. By-law 19E(2) then requires notice to be served on the dog’s “registered owner”, meaning the person specified in the appropriate register. An unregistered dog has no registered owner, making the required service impossible.","confidence":0.94,"description":"The notice requirement can be triggered for an unregistered dog, leaving no registered owner on whom the mandatory notice can be served.","source_quotes":["a dog with a collar on which the address of its owner is displayed is seized or delivered to a pound.","On being notified under clause (1), the registrar must serve on the registered owner of the dog a notice, in the approved form, of the impounding of the dog.","registered owner, in relation to a dog, means the person specified in the appropriate register as the owner of the dog."]},{"type":"retroactive_impossibility","section":"by-law 28C(1)(h)","severity":"high","reasoning":"By-law 28C(1)(h) requires notification within 24 hours after the earlier of the attack or alleged attack and the time the registered owner becomes aware of it. If awareness occurs more than 24 hours after the event, the deadline is tied to the earlier event and has already expired before the owner knows notification is required by the facts.","confidence":0.99,"description":"The dangerous-dog attack notification deadline can expire before the registered owner becomes aware of the event.","source_quotes":["if the dog attacks, or is alleged to have attacked, a person or animal – notify the Corporation of the attack, or alleged attack, within 24 hours after the earlier of:","the attack, or alleged attack; or","the time the registered owner is made aware of the attack, or alleged attack;"]}],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond simple dog registration. Originally focused on basic animal control, it now encompasses: dangerous dog declarations with extensive compliance regimes (2015 amendment), detailed livestock prohibitions with permit systems for chickens (2022 amendment), specific breed restrictions (by-law 23A), microchipping requirements, and a comprehensive infringement notice system. The 2022 amendments also added Part 3A for reviewable decisions and expanded seizure and impounding powers (by-laws 19A-19K), indicating a shift toward more proactive enforcement and administrative law mechanisms."},"complexity_factors":["Multiple defined terms in by-law 4 (approximately 30 definitions), including nested definitions like 'owner' which is defined separately in by-law 4AA with four sub-clauses and age-related provisions","Extensive cross-referencing between Parts (e.g., by-law 19B references 19C, 19D, 19F, 19G, 19H for seizure, destruction, impounding and pounds)","Conditional logic with multiple exceptions and defences (e.g., by-law 30 has 5 sub-clauses with defences, exemptions, and burden of proof reversals)","Strict liability offences throughout (marked explicitly in by-laws 12, 14, 15, 30, 30A, 32, 33, 33A, 33B, 34, 35, 39, 40, 41, 42, 49) requiring reference to the Criminal Code for evidential burdens","Dual pathways for administrative decisions: voluntary cancellation/variation (by request) vs involuntary (show cause procedures with 14-day notice periods in by-laws 10-11, 26-27, 28C)","Special provisions for dangerous dogs (by-law 28C) with 10 specific conditions including 24-hour notification requirements for attacks, missing dogs, and transfers","Transitional provisions and multiple amendment histories (2015 and 2022 amendments) creating layered legislative history","Infringement notice scheme (Part 1A) interacting with the Fines and Penalties (Recovery) Act 2001"],"plain_english_summary":"**What this legislation does:**\n\nThese By-laws are the local animal control rules for Nhulunbuy, a town in the Northern Territory. They set out how residents can keep animals—mostly dogs, but also cats, birds, reptiles, and even crocodiles and bees (called \"livestock\" here)—without causing problems for their neighbours.\n\n**Key rules for everyone:**\n\n*   **Dogs must be registered.** You apply to the Nhulunbuy Corporation, pay a fee, and get a dog-tag or a microchip. You can only register up to 2 dogs unless the Corporation agrees otherwise. Registration can last 1 year or, if the dog is desexed and microchipped, for the dog's lifetime.\n*   **Dogs must be under control.** When in public, dogs must be on a leash no longer than 3 metres held by someone at least 12 years old, or safely enclosed in a vehicle. Dogs are not allowed to roam free (\"at large\") unless in a designated dog exercise area.\n*   **Dangerous dogs face extra rules.** If a dog attacks or threatens people or animals, the Corporation can declare it \"dangerous.\" The owner must then keep it muzzled and leashed in public, have it desexed, notify the Corporation of any attacks or if the dog goes missing, and meet strict fencing requirements.\n*   **Nuisance animals can be seized.** If an animal is diseased, injured, savage, abandoned, or repeatedly causes problems (like excessive noise or fouling), authorised officers can seize it, impound it, or in urgent cases destroy it humanely.\n*   **Livestock is mostly banned.** You generally cannot keep cattle, horses, pigs, bees, or crocodiles in town. The only exception is up to 5 chickens (no roosters), but you need a permit and they must be properly contained.\n*   **Specific areas can be declared \"dog restriction areas\"** (where dogs are limited or banned) or \"dog exercise areas\" (where dogs can run off-leash under certain conditions).\n\n**Why it matters:**\n\nThese rules aim to balance pet ownership with community safety and hygiene. They give the Corporation power to deal with aggressive dogs, strays, and noisy or unsanitary animals, while providing a registration system and appeal rights for owners who disagree with decisions.\n\n**Who it affects:**\n\nAnyone living in or visiting the Nhulunbuy Corporation area who owns or controls an animal, particularly dog owners. It also applies to the Corporation itself and its officers who enforce the rules."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. Successive amendments (recorded in the endnotes and schedules) have broadened and formalised enforcement, registration and administrative structures. Notable changes include the explicit application of Criminal Code principles (by‑law 4A), a formal infringement notice scheme and prescribed amounts (by‑laws 16–17A, Schedule 3), expanded impounding/destruction procedures and owner cost recovery (by‑laws 19B–19G), detailed identification and dangerous‑dog requirements (by‑laws 22A–24, 28A–28C), and designation of specific reviewable decisions (by‑law 50A). These adjustments increase procedural powers, fee‑setting and regulatory detail compared with the original instrument."},"complexity_factors":["Extensive definitional framework and cross‑references (e.g. owner: by‑law 4AA; application of Criminal Code Part IIAA: by‑law 4A).","Administrative discretion to set fees, conditions and determinations (by‑law 5; Schedule 2) affecting costs and eligibility.","Infringement notice regime that links to the Fines and Penalties (Recovery) Act with prescribed amounts in Schedule 3 (by‑laws 16–17A, Schedule 3).","Multiple strict‑liability offences and daily continuing penalties for ongoing breaches (e.g. by‑laws 12(2), 30(2)/(2A), 30A(2)/(3)).","Detailed seizure, impounding, treatment, destruction and owner‑cost recovery powers (by‑laws 19B–19G, 19J–19K).","Registration, identification device and dangerous‑dog regimes with conditional and non‑transferable registrations (by‑laws 22A–24, 23A, 28A–28C).","Procedural protections and reviewability are limited to specific decisions (reviewable decisions: by‑law 50A) rather than all administrative acts.","Interaction with external law and bodies (Veterinarians Act, Australian Veterinary Association standards, Fines & Penalties Act) increases implementation dependencies.","Local‑area specificity and amendment history (Schedules, endnotes) requiring attention to which versions and determinations apply locally."],"plain_english_summary":"These by-laws set rules for keeping, registering, identifying, impounding and, where necessary, destroying animals in the Nhulunbuy Corporation area — banning most livestock (chickens allowed by permit), requiring dog registration and identification, creating dog‑exercise and dog‑restriction areas, and empowering seizure, pound and destruction actions and infringement notices. They affect animal owners in the Nhulunbuy area who must pay fees, comply with conditions, and may bear impoundment, treatment or destruction costs; the Corporation and authorised officers decide permits, registrations, determinations and enforcement."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1998 by-laws have clearly evolved over time, as evidenced by the 2022 reprint number (REPL018R65 — indicating at least 18 reprints). The split administration between two agencies, particularly the Electoral Commission's involvement in Chapter 8, suggests the scope has expanded or shifted beyond straightforward animal control into broader town governance matters not obviously contemplated in a standard animal control framework."},"complexity_factors":["Split administration between two separate government agencies (Department of Housing and NT Electoral Commission), which is unusual and creates potential confusion about who enforces what","The legislation has been in existence since 1998 and has been reprinted multiple times, meaning there may be layered amendments that are difficult to trace without legal expertise","Applies to a specific geographic locality (Nhulunbuy) rather than the whole NT, limiting but also specialising its application","The involvement of the Northern Territory Electoral Commission in Chapter 8 is anomalous for animal control legislation and suggests underlying governance complexity specific to Nhulunbuy's town management structure","By-laws sit within a broader legislative framework (enabling Acts) which readers may need to understand to fully grasp the legal context"],"plain_english_summary":"These by-laws are Nhulunbuy’s local “animal rulebook,” setting how animals must be kept, controlled and registered to protect public safety and prevent nuisance. They apply to anyone who owns or keeps animals in Nhulunbuy and are enforced by local authorities.\n\nMost provisions are administered by the Department of Housing, Local Government and Community Development; Chapter 8 is administered by the Northern Territory Electoral Commission. This reprinted version came into force 2 February 2023."}},"importantCases":[],"_links":{"self":"/api/acts/nhulunbuy-animal-control-by-laws-1998","history":"/api/acts/nhulunbuy-animal-control-by-laws-1998/history","analysis":"/api/acts/nhulunbuy-animal-control-by-laws-1998/analysis","conflicts":"/api/acts/nhulunbuy-animal-control-by-laws-1998/conflicts","importantCases":"/api/acts/nhulunbuy-animal-control-by-laws-1998/important-cases","documents":"/api/acts/nhulunbuy-animal-control-by-laws-1998/documents"}}